A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 4, 1975
The Lake County Board of County Commissioners convened in regular session on Tuesday, February 4, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: J. M. Hoskinson, Chairman; Thomas J. Windram; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by Jim Hoskinson.
public health
Mr. Watkins informed the Board that Dr. Langley, Chairman of the EMS Council, had received word of a $60,000 grant being made available for Emergency Medical Services. He stated that Dr. Langley has prepared the necessary letter and is ready to take the contract to Jacksonville as soon as the Board executes the contract. However, Mr. Watkins stated that there was a problem with item “D” in the contract with regards to the State approved communication system. Dr. Langley has received letters of commitment from South Lake Memorial, Waterman Memorial, and the City of Leesburg for matching funds for ambulances and equipment; therefore, he feels that Lake County may obtain relief from the provision which would retain the $50,000 for ambulances until a State approved communication system was installed. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the rewriting of the contract expressing the intent as stated above and authorized for the Chairman to sign the necessary documents.
minutes
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of the Special Meeting of January 30, 1975 were approved as submitted.
contracts and agreements
Commr. Carson presented to the Board its copy of the Agreement among USGS, Lake County and the Water Authority for the continuation of the Cooperative Hydrologic Records Program.
county employees
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the employment of Mrs. Clara Thelma Roll as Clerk-Receptionist in the office of the Lake County Extension Service at an annual salary of $5,730.85, of which $1,660.00 will be paid by the State. This employment is to become effective February 5, 1975.
proclamations
Commr. Hoskinson stated that he had been requested to ask the Board to proclaim February 24 through March 1, 1975 as International Shrine Hospital Week. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved the above request.
schools – miscellaneous
Commr. Hoskinson brought to the attention of the Board that he had received a call from the County Administrator of Orange County requesting that Lake County oppose the elimination of freshman classes at the University of South Florida and Florida Technological University. Commr. Hoskinson stated that in view of the fact that action had been taken not to eliminate these classes, a letter commending the Board of Regents for their actions would be in order. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved that the above commendation be sent to the Board of Regents.
county buildings and grounds
Commr. Burhans stated that he had been contacted by Farm City requesting that they be allowed to use the Expo Building without charge. The Board requested that Commr. Burhans confer with Mr. Carl Smith, Executive Director of the Lake County Chamber of Commerce, who is in charge of this building and see if some arrangements can be worked out with regards to the various charges and to report back to the Board.
roads – county
Mr. Donoghue, County Engineer, stated that there was a garbage dumping problem on a piece of private property on the east side of DR 5-7264 and requested permission to clean this up and post three “No Dumping” signs on this location. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the Public Works Department to clean up the above-mentioned site for the public welfare, subject to a letter being received from the property owner permitting the County to enter his property to pick up this trash.
salaries
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved a salary increase for Mr. William Thompson, Truck Driver for the Sign Department, to $6,100 effective February 1, 1975.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved travel for Mr. Frank Woodson to attend the VSIAF Workshops in Cocoa from March 12-15, 1975 with approval of a $25 registration fee.
roads – county
Mr. Donoghue presented to the Board a cost estimate of Oak Avenue in the Hilltop Subdivision. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the cost estimate of $9,699 was approved with 1/3 of the cost being paid for by the County and the remaining 2/3 of the cost being paid for by the residents, the Public Works Department was authorized to begin the work when the residents’ share of the funds are received by the Finance Department, and will be taken into the County-maintained system upon the completion of the work.
county buildings and grounds
Mr. Donoghue stated that it would take approximately $1,600 to fill and sand seal that portion of the parking lot on the east side of the Courthouse where the Pioneer Building once stood. The Board requested that Mr. Watkins contact Jack Jones to find out how much of this site will be occupied by the new Courthouse before any action is taken in this matter.
roads – county
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the cost estimate of Pine Street in the Hilltop Subdivision, provided that the total cost of the repairs are paid for by the residents and that the County is under no obligation for the continued maintenance of this road.
animals
Mr. Donoghue stated that he had received a request from the Agricultural Center to help in the beautification of the Lake County Animal Shelter. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the County Engineer to cooperate with the Agricultural Center as much as possible in this endeavor.
roads – state
Mr. Donoghue presented to the Board a letter from the DOT regarding the replacement of the wooden bridge on SR 565. Mr. Donoghue stated that the State would be using approximately $50,000 from secondary road funds, and yet he estimated a cost of $23,920 with the County doing the work. The Board requested that Mr. Donoghue contact the DOT to find out if the County could do the work but receive the funds from the DOT and report back to the Board.
road closing
Commr. Hoskinson announced that the advertised Road Closing be postponed until 10:15 a.m.
At 10:15 a.m. the Chairman asked the Clerk to read the advertisement of this hearing. The description of this road is as follows:
THAT PART OF POINSETTIA AVENUE LYING NORTH OF ELDORADO DRIVE AND SOUTH OF MAGNOLIA BOULEVARD, EAST OF BLOCK “B” AND WEST OF BLOCK “C” SUNSET PARK SUBDIVISON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 48 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
Discussion was held. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the above road was closed.
outdoor recreational facilities
Commr. Hoskinson presented to the Board a letter from a resident on Lake Lena, Mrs. Velma Hollins, asking if there was a possibility that this lake could be made private. This was referred to the County Engineer to research as to whether there was a public right of way leading to this lake.
county property
At 10:30 a.m. the American Legion appeared before the Board to discuss the matter regarding the sign that is in front of the American Legion Building in Umatilla. The County Attorney presented to the Board a letter stating that he could not find in the statutes that this would be illegal; however, he did state that there may be a problem as to whether or not this sign may remain due to two reasons. 1. It is erected on property that is a right of way and not leased to the American Legion by the County; and 2. The deed under which the County acquired this land may restrict what kind of sign is placed on this property.
Discussion was held. Mr. Skipper Babb and Mr. Michael Hatfield, both attorneys from Umatilla, appeared before the Board in opposition to this sign. The Board members felt that the County should be responsible for an informational sign to this building since it is County-owned property.
Commr. Burhans presented to the Board a proposed sign to be placed in front of the American Legion.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved that a directional sign be made by the County and placed in front of the American Legion Hall in accordance with the deed and that the Pepsi sign be taken down as soon as possible.
planning and zoning
At 11:00 a.m. the Chairman announced that it was time for the continuation of the Public Hearing regarding the Green Swamp Regulations; the Board placed this matter on the floor for discussion.
At this time, Mr. Willett, Planning Director, presented to the Board the latest revised copy of the Green Swamp Code, which included the suggested changes discussed on January 20, 1975.
Points of discussion were: the progress the Planning Department has made in preparing the ordinance which will cover the entire County regarding flood prone areas. Another consideration was the possibility of legal action arising from the State’s designation of the Green Swamp area. The position the Board of County Commissioners would find itself in if the State regulations were not enforced to the State’s satisfaction, and who would be responsible for compensating a property owner if and when the Court decides in a particular case that these rules were a taking of the land.
Commr. Hoskinson stated that in his opinion, if the Commissioners do not feel that these rules and regulations are good for both the land and the citizens, then they should not be adopted. Commr. Windram stated that he still believed that the property owner would be in a better position in a Court of Law if he could produce some sort of rules and regulations to prove that Lake County did try to adopt some form of code. Commr. Carson stated that Lake County had its zoning Rules and Regulations which he believed would protect the Green Swamp and that the ordinance that the Planning Department is now working on regarding the flood prone areas would help even more. Mr. Ford, County Attorney, reminded the Board that it must be convinced that these rules and regulations are not a taking of the land before they are adopted.
Mr. Ford suggested that the Board approve the regulations as stated in the present draft which was received by the Board today and inform the State that the Board will adopt these rules and regulations if they are approved by the State. Then when these regulations are presented to the Cabinet and if State Division of Planning rejects them, the State will have to explain why they are not acceptable. Commr. Hoskinson stated that the Cabinet is not knowledgeable regarding these types of rules and regulations and will probably be relying on the information received from their aides.
Mr. Charles Kuharske, a resident of the Green Swamp, appeared before the Board and stated that in his opinion the County has tried to adopt some form of a Development Code and that when this matter goes to Court, the County’s attempt to adopt some form of code will be brought forth when the eight drafts made by the County are presented and it is shown that each one was rejected by the State.
Mr. Donald Bronson and Mrs. Ruth Ray appeared before the Board and voiced their opinion that the County should go on record as being opposed to these regulations due to the unnatural boundaries which make up the Green Swamp designation.
Mr. Archie Ruthledge appeared before the Board and stated that there has been a unification of the citizens in the Green Swamp and that they are ready for a Court battle regarding this matter.
Mr. J. Bridges, a property owner in both Lake and Polk County, requested that the Board stand with the people and take no action on these rules and regulations.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board rejected draft #8 of the Development Code for the Green Swamp prepared by the Lake County Planning Department and that no officially adopted Code be sent to the State. Commr. Windram voted “no.”
recess and reassembly
At 12:15 p.m. the Chairman announced that the Commissioners would adjourn for lunch at the Chateau Restaurant. The public and press were invited on a Dutch-treat basis. The Board reconvened at 1:30 p.m.
tax collector
Mr. T. Keith Hall, Tax Collector, appeared before the Board and reported an error in the programming of the computer with regards to the Tax Millage of the Northwest Lake County Hospital (Ambulance) District. He stated that it would require about 10 days to pull these bills that are in error, reprogram the computer and reprint these bills for mailing. The Board stated that in order to keep the records straight, the 10-day delay procedure suggested by the Tax Collector should be implemented in order to correct the errors.
outdoor recreational facilities
Commr. Carson stated that he had contacted the various persons necessary to find out more information regarding the Wire Tag Marking Device to be used on big mouth Bass in Trout Lake which is made by Technical Research Company. He stated that the State of Georgia is very satisfied with the results this machine has given them. The Company itself guarantees this piece of equipment for 90 days and requires each purchaser to retain the services of a technical representative to instruct the users and equipment maintenance personnel in the complete operation and field repairs of such equipment. This would cost $1,550.00 for a Technical Assistant in Florida, which cost would be the responsibility of the purchaser or a similar cost for the County to send a person to Seattle, Washington for a three-day training period. Discussion was held regarding the training expense.
Mr. Ed Zagar of the Game and Fresh Water Fish Commission was present at this discussion and assured the Board that if it approved expenditure of these monies from the Fish Improvement Fund, the Game and Fresh Water Fish Commission would pick up the expense for the required training; however, he would have to report back to the Board with a definite answer. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the purchase of this wire marking device at a cost of $18,600 plus the purchase of spare parts as recommended by the manufacturer at $520.10, which is to be paid from the Fish Improvement Fund. Commr. Deems and Commr. Hoskinson voted “no.”
accounts
Commr. Hoskinson and the Clerk briefed the Board on the problem of the heat that is penetrating through the window at the new location of the Civil Defense Office. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved that the windows in question be insulated and covered at a cost not to exceed $200.
accounts allowed
Commr. Hoskinson stated that there are various bills which according to this Board’s policy are approved through separate motions rather than going through the normal payment procedure. Mrs. Doris Babb, Deputy in Charge of the Finance Department, has advised him that bills which are budgeted items may be approved, and the separate motions are not necessary. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a change in policy providing that all regular bills for budgeted items be included in the normal approval procedure, unless otherwise specified by the Board.
civil defense
The Board reviewed the applications submitted for the position as the Civil Defense Director. The Board members picked the five of the fifteen applicants which they felt were the best qualified for an interview on February 11, 1975 from 3:00 p.m. to 4:00 p.m.
water pollution
Mr. Hennessey, Director of Pollution Control, appeared before the Board regarding two dredge and fill projects.
Mr. Hennessey presented to the Board a letter regarding the work that Mr. W.P. Varnes would like to do on Lake Jem. Mr. Hennessey outlined in a letter how the work could be done and stated that he opposed any major earth moving projects. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for Mr. Varnes to apply for a permit to the Trustees of the Internal Improvement Trust Fund for the degree of work to be done as outlined in the letter as presented by Mr. Hennessey. A copy of this letter is filed in the office of the Board of County Commissioners.
Mr. Hennessey presented to the Board another letter for an after-the-fact permit for a canal construction for Mr. Gibbs. Mr. Hennessey stated that he opposed this permit due to the detrimental effect it would have on the land and water as outlined in his letter which is on file in the office of the Board of County Commissioners. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for Mr. Gibbs to apply for an after-the-fact permit to the Trustees of the Internal Improvement Trust Fund. The Board felt that the ditching was a necessary part of normal agricultural activities in this area, and filling it back in would be more detrimental to the water quality of this small lake.
roads – state
Mr. Donoghue, County Engineer, appeared before the Board regarding the matter involving SR 565 as discussed earlier in the day. He stated that DOT could not give the County any money for it to do the work and would either have to let the DOT commence with the work and pay for it out of secondary funds or the County proceed with the necessary work at its expense. The Board took no action to change the scheduled plans of the DOT.
road material
Commr. Hoskinson stated that the County Engineer had received the legal documents resolving the matter which prohibited the County from obtaining free clay from the property owned by Bob Wade Ford in Fruitland Park. Mr. Ford, County Attorney, stated that if the matter is resolved, he saw no reason why the County could not remove clay from this property. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the County Engineer to sign the necessary agreement with Bob Wade Ford which would enable the County to obtain clay from his property at no expense to the County.
Commr. Hoskinson stated that Mr. Ponds, Superintendent of the Road and Bridge Department, would like approval of the Board to have the County equipment move this clay. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the County engineer to sign the necessary agreement with Bob Wade Ford which would enable the County to obtain clay from his property at no expense to the County.
Commr. Hoskinson stated that Mr. Ponds, Superintendent of the Road and Bridge Department, would like approval of the Board to have the County equipment move this clay. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved that the County equipment be used to move this clay from the above-mentioned property for the use of construction and maintenance of County Roads.
animals
Commr. Deems stated that there has been an exceptional amount of overtime being put in by the employees at the animal shelter. He stated that there is a volunteer who is now helping at the Shelter who would be willing to work full time. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the employment of Mrs. Frankie Rouse at the Lake County Animal Shelter at $2.25 per hour on a 40-hour week basis and that she is to be hired under CETA II funds.
outdoor recreational facilities
Commr. Hoskinson stated that he had received complaints regarding hydroplanes being driven on Lake Minnehaha and that the residents were concerned about the possible hazard involved. This was referred to Mr. Donoghue, County Engineer, to research and report his findings back to the Board.
Commr. Hoskinson stated that he had also been contacted about air boats being driven on Lake Sumner into the later evening hours. This was referred to Mr. Ford to research and report his findings to the Board.
county property
Mr. Ford stated that the exchange of land between Lake County and Carl E. Duncan should be advertised sometime after the bids for the moving of this building are received. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board requested that Mr. Ford prepare the ad for the Clerk’s office to advertise for March 4, 1975 at 2:00 p.m.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the bill from Big Chief to be paid from the County Building Fund.
The Clerk stated that the Board approved purchase of an electronic cash register on January 21, 1975 for the Planning Department. He stated that the Clerk’s office has received a letter from NCR providing a $439.50 discount if two machines were bought. Mr. Watkins stated that one of these machines was needed in his office. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of an NCR Electronic Cash Register at $4,317.25 with an additional drawer at $195.
funds – general
Mr. Watkins presented to the Board two quotations for the painting of the Historical Society Building. Commr. Hoskinson requested that Mr. Ford research this matter regarding its legality.
building department
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and instructed the Chairman to sign the necessary agreement in which Lake County would issue all building permits and conduct all building inspections for the City of Fruitland Park effective February 1, 1975.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Jackson Haddox to attend the meeting in Gainesville on February 11-12, 1975 on Agricultural Growth in an Urban Age.
contracts and agreements
The Clerk presented to the Board an application for Certificate of Compliance as filed with the Federal Communications Commission. This was referred to Mr. Ford for his attention.
bonds
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the following Contractor Bonds were approved:
410-75 Kuron McMinn dba Mac Drywall Company
633-75 E.E. Weirich dba Golden-Aire
904-75 Jimmie D. Tamsett (Electrician and Plumbing)
1077-75 Don Taylor, Jr. (Masonry)
1243 Salvatore Ciccarello (Mason)
1247-75 John T. Norman dba Norman Electric
1250 Thomas L. Bumby (Building)
1248 Loren W. Mann (Masonry)
1249-75 Sydney Ropero (Mechanical Contractor – Class B)
1251-75 Arthur D. Yerkes (Building Contractor, Type C)
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Deputy Sheriff Bond for Paul L. Frost, Jr.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Bond for Fred Norris as a member of the Northwest Lake County Hospital District Board of Directors.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Gun Permits for Alvin Knight, Margaret Jarvis, Richard Summerlin, Louis Burg, Bobby Cheatham, and George T. Jarvis. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Gun Permit for Jack Padgett was denied upon the recommendation of the State Attorney’s Office.
funds – transfer
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $500 in the Animal Shelter Budget from “Newspapers, Magazines, etc.” to “Supplies Not Otherwise Specified.”
funds – general
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved for the money received from the Geophysical Service, Inc. to be deposited in the General Revenue Account.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of a steel “Safety Stop” vault ladder to be used at the warehouse in the amount of $149.75.
schools – misc.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board verified the residency of Mr. and Mrs. Lester S. Sawyer in Lake County, enabling their daughter, Elizabeth, to be admitted to the Florida School for the Deaf and the Blind.
hospitals
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the projected revenue and expenditure of the Northeast Lake County Ambulance District and Waterman Memorial Hospital for the 1974-1975 fiscal year.
building department
Commr. Hoskinson presented to the Board a letter from Glenn Middleton, Building Official, requesting that the Board of County Commissioners revoke the Certificate of Competency of Jack Griner, Residential Contractor, for noncompliance with the instructions of the Board of Examiners in the case of John Vada vs. Jack E. Griner. Discussion was held. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board revoked the Certificate of Competency of Mr. Jack Griner as requested.
county buildings
Commr. Hoskinson stated that he had received a request from the Leesburg High School Band Boosters requesting that the Board waive the balance of the bill this organization owes for the rental of the Expo Hall at the Lake County Fairgrounds in the amount of $391. It was the feeling of the Board that a policy had been set with regards to these established fees and had refused the adjustment of these charges on various occasions; therefore, felt that it would be unfair to the other organizations that have had to pay these charges to waive the balance of this bill. Discussion was also given to the fact that other nonprofit organizations would have to be given the same consideration, and the possibility may arise where the Expo Building would become a burden to the taxpayers instead of being self-supporting. The Board requested that the Clerk write to Mr. Lloyd Kussman, who is affiliated with the Leesburg High School Band and explain the Board’s situation in this matter.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for any Commissioner, the Clerk, and the County Attorney to attend the seminar on Environmental Problems and their Legal Remedies in Tallahassee on February 13 & 14, 1975.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved travel for Commr. Hoskinson to attend a meeting on the ELMS Bill in Tallahassee on February 11, 1975.
There being no further business to be brought before the Board, the meeting was adjourned at 5:45 p.m.
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J.M. Hoskinson, chairman
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James C. Watkins, Clerk